Kaleem Khan S/O Maley Khan vs State Of Maharashtra, Thruogh The ...
2016 Latest Caselaw 1825 Bom

                                                              1                                             CWP.236.16.odt

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                         
                                         NAGPUR BENCH, NAGPUR.

                          CRIMINAL WRIT PETITION NO. 236 OF 2016.




                                                                            
         Kaleem Khan s/o Maley Khan,
         Aged about 31 years,




                                                                           
         Occupation - Business,
         R/o Ridhapur, Tehsil Morshi,
         Amravati, District Amravati.    ......                            PETITIONER.




                                                         
                          ....Versus....
                                
         1]   The State of Maharashtra,
              through the Collector,
              Amravati,
                               
         2] The Tehsildar, Tehsil
            Office, Amravati,
      


         3] Regional Transport Officer,
            Regional Transport Office,
   



            Amravati.                   .....                                                  RESPONDENTS.


         Mr. T.H. Bewali, Advocate for petitioner,





         Mr. T.A. Mirza, Additional Public Prosecutor for respondents.


                               CORAM :  B.R. GAVAI & MRS. SWAPNA JOSHI, JJ.

DATED : APRIL 25, 2016.

ORAL JUDGMENT (PER B.R. GAVAI, J.)

1] Rule. Rule made returnable forthwith. Heard the learned

Counsel for the parties finally by consent.

                                                                2                                             CWP.236.16.odt

         2]                The petition arises out of the breakneck speed with which




                                                                                                          

the respondent no.2 authority has purportedly followed the principles

of natural justice. The perusal of the material placed on record itself

would reveal that on 9.3.2016 the petitioner's truck was seized at 9

A.M. The petitioner was issued a show-cause notice calling upon

him to give his explanation by himself or through a lawyer on the

same day by 1 O'clock. It was also informed to the petitioner that if

the petitioner does not submit his explanation ex-parte action will be

taken against the petitioner.

3] On the same day, the impugned order is passed on the

ground that the petitioner has failed to give any explanation.

4] It could thus be seen that though purportedly principles of

natural justice are shown to be followed, no effective opportunity was

given to the petitioner to represent his case. It is a settled principle of

law that justice should not only be done but manifestly appear to

have been done. A notice of couple of hours and not even one day,

in our view, would be nothing else but a mockery of principles of

natural justice.

         5]                In that view of the matter, we find that the impugned order



                                                                3                                             CWP.236.16.odt

is not sustainable in law. The same is quashed and set aside. The

matter is remitted back to the respondent no.2 for considering it

afresh after giving adequate opportunity of hearing to the petitioner.

However, since we are allowing the petition on a technical ground,

we direct that the truck of the petitioner be released on the petitioner

executing a Supratnama in the sum of Rs.1,00,000/- (Rupees One

Lakh).

6] The petition stands allowed. Rule is made absolute in the

above terms with no order as to costs.

                       JUDGE.                                                                 J
                                                                                                UDGE.
   



        J.